Resolution of Board of National Bank of the Republic of Belarus "About approval of regulations of ministerial procedures"

RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of April 18, 2022 No. 164

About approval of regulations of ministerial procedures

(as amended on 31-01-2024)

Based on the paragraph of third Item 3 of the Presidential decree of the Republic of Belarus of June 25, 2021 "About the ministerial procedures performed concerning subjects of managing" and part one of article 39 of the Bank code of the Republic of Belarus the Board of National Bank of the Republic of Belarus DECIDES: No. 240

1. Approve:

The regulations of the ministerial procedure performed concerning subjects of managing according to the subitem * 14.1.1 "Accreditation of rating agency with inclusion in the register of rating agencies and receipt of the certificate on inclusion in the register of rating agencies" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.1.3 "Modification of the register of rating agencies" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.1.4 "Exception of rating agency of the register of rating agencies" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.15.1 "Inclusion in the register of the leasing organizations with receipt of the certificate on inclusion in the register of the leasing organizations" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.15.3 "Modification of the register of the leasing organizations, exception of the register of the leasing organizations" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.17.1 "Inclusion in the register of the microfinancial organizations with receipt of the certificate on inclusion in the register of the microfinancial organizations" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.17.3 "Modification of the register of the microfinancial organizations, exception of the register of the microfinancial organizations" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.21.1 "Inclusion in the register Forex companies with receipt of the certificate on inclusion in the register Forex companies" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.21.3 "Modification of the register Forex companies, exception of the register Forex companies" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.34.1 "Inclusion in the register of operators of services of online borrowing with receipt of the certificate on inclusion in the register of operators of services of online borrowing" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.34.3 "Modification of the register of operators of services of online borrowing, exception of the register of operators of services of online borrowing" (are attached).

______________________________

* For the purposes of this resolution the subitem is understood as the subitem of Item of the single list of the ministerial procedures performed concerning subjects of the managing approved by the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021 No. 548.

2. This resolution becomes effective after its official publication.

Chairman of the board

P.V.Kallaur

It is approved

Ministry of Economics of the Republic of Belarus

Ministry of Internal Affairs of the Republic of Belarus

Ministry of Justice of the Republic of Belarus

Operational analytical center in case of the President of the Republic of Belarus

Republican unitary enterprise "National Center of Electronic Services"

Approved by the Resolution of Board of National Bank of the Republic of Belarus of April 18, 2022, No. 164

Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.1.1 "Accreditation of rating agency with inclusion in the register of rating agencies and receipt of the certificate on inclusion in the register of rating agencies"

1. Features of implementation of ministerial procedure:

1.1. name of authorized body (jurisdiction of ministerial procedure): National Bank;

1.2. the regulatory legal acts, the international agreements of the Republic of Belarus, the international legal acts containing the obligations of the Republic of Belarus regulating procedure of ministerial procedure:

The law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures";

The presidential decree of the Republic of Belarus of June 25, 2021 No. 240 "About the ministerial procedures performed concerning subjects of managing";

the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021 No. 548 "About the ministerial procedures performed concerning subjects of managing";

The regulations on procedure for carrying out accreditation of rating agencies, including procedure for their inclusion in the register of rating agencies (exception of it) and structure of the data included in the register approved by the resolution of Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus of August 12, 2019 No. 530/14;

The instruction about methodology of rating agency, and also the reporting and other information in the sphere of implementation of rating activities approved by the resolution of Board of National Bank of the Republic of Belarus of August 12, 2019 No. 324;

The regulations on procedure for the organization and implementation of rating activities approved by the resolution of Board of National Bank of the Republic of Belarus of August 12, 2019 No. 325;

1.3. other available features of implementation of ministerial procedure:

1.3.1. ministerial procedure is performed concerning the legal entities created in form of business of economic society and not performed concerning the legal entities specified in part two of Item 1 of the Regulations on procedure for carrying out accreditation of rating agencies, including procedure for their inclusion in the register of rating agencies (exception of it) and structure of the data included in the register;

1.3.2. the additional bases for refusal in implementation of ministerial procedure to specified in the Law of the Republic of Belarus "About bases of ministerial procedures" are determined in Item 8 of the Regulations on procedure for carrying out accreditation of rating agencies, including procedure for their inclusion in the register of rating agencies (exception of it) and structure of the data included in the register;

1.3.3. appeal of the executive decision is performed judicially.

2. Documents and (or) data necessary for implementation of ministerial procedure:

2.1. represented by the interested person:

Name of the document and (or) data	Requirements imposed to the document and (or) data	Form and procedure for submission of the document and (or) data	Need of legalization of the document (putting down of apostille)
statement for carrying out accreditation of rating agency	in form according to appendix 1. The document submitted to the National Bank on paper containing on two and more sheets shall be stitched, numbered and certified by the signature on the last page the authorized person of rating agency	in writing: during acceptance of the authorized person; courier (courier); by mail registered mail; electronically: through the single portal of electronic services according to the paragraph the fourth parts one of Item 6 of article 14 of the Law of the Republic of Belarus "About bases of ministerial procedures"
information on participants (founders, shareholders), affiliated, dependent economic societies of rating agency	in form according to appendix 2. The document submitted to the National Bank on paper containing on two and more sheets shall be stitched, numbered and certified by the signature on the last page the authorized person of rating agency. In case of representation on paper on the last leaf the number of sheets is specified		it is required according to part one of Item 6 of article 15 of the Law of the Republic of Belarus "About bases of ministerial procedures" ";
information on confirmation of conformity of the member (the founder, the shareholder) of rating agency to the established requirements	in form according to appendix 3. The document submitted to the National Bank on paper containing on two and more sheets shall be stitched, numbered and certified by the signature on the last page the authorized person of rating agency. In case of representation on paper on the last leaf the number of sheets is specified
information on confirmation of conformity of the member of governing body (regulatory authority) of rating agency to the established requirements	in form according to appendix 4. The document submitted to the National Bank on paper containing on two and more sheets shall be stitched, numbered and certified by the signature on the last page the authorized person of rating agency. In case of representation on paper on the last leaf the number of sheets is specified
local legal acts according to which activities of rating agency will be performed	shall conform to the requirements of regulatory legal acts of National Bank about the organization and implementation of rating activities and (or) about methodology, the reporting and other information of rating agency established according to paragraphs the fourth, the seventh, eighth, tenth or twelfth Item 12 of the Charter of the National Bank of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of June 13, 2001 No. 320. The document submitted to the National Bank on paper containing on two and more sheets shall be stitched, numbered and certified by the signature on the last page the authorized person of rating agency. In case of representation on paper on the last leaf the number of sheets is specified
methodology (methodologies)	shall conform to the requirements of regulatory legal acts of National Bank about the organization and implementation of rating activities and (or) about methodology, the reporting and other information of rating agency established according to paragraphs the fourth, the seventh, eighth, tenth or twelfth Item 12 of the Charter of the National Bank of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of June 13, 2001 No. 320. The document submitted to the National Bank on paper containing on two and more sheets shall be stitched, numbered and certified by the signature on the last page the authorized person of rating agency. In case of representation on paper on the last leaf the number of sheets is specified
the list of additional services (in case of intention to render them)	concerning each additional service are specified: general characteristic of service (the description of actions of rating agency within provision of this service); reasons for no conflict of interest when rendering service and implementing rating activities. The document submitted to the National Bank on paper containing on two and more sheets shall be stitched, numbered and certified by the signature on the last page the authorized person of rating agency. In case of representation on paper on the last leaf the number of sheets is specified

In case of filing of application in writing the authorized body has the right to demand from the interested person the documents provided in paragraphs the second or seventh part one of Item 2 of article 15 of the Law of the Republic of Belarus "About bases of ministerial procedures";

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